Go ahead and register your scandalous trademark . . . but the Supreme Court will judge your choices

You’re in luck if you sell FUCK ME formalwear, own the NO SHIT diner, or produce HEY ASSHOLE pepper spray. You’ll soon be able to head over to the website of the United States Patent and Trademark Office (USPTO) and register those trademarks. Because the U.S. Supreme Court has just ruled in the Brunetti case that the statutory bars on registering “scandalous” and “immoral” trademarks are unconstitutional.

But you better move quickly . . . A passel of the Justices is not pleased with this outcome. (The moral panic during the oral argument was sort of a red flag.) Continue reading

No Dry Seats in the House. Or Senate.

A couple of weeks ago, while he was still working in the White House, Steve Bannon phoned journalist Robert Kuttner of The American Prospect and unburdened himself. Kuttner wrote that Bannon

minced no words describing his efforts to neutralize his rivals at the Departments of Defense, State, and Treasury. “They’re wetting themselves,” he said, proceeding to detail how he would oust some of his opponents at State and Defense.

That was merely one iteration of a metaphor that has been in the political air at least since February 2016, when, during a Republican debate, Sen. Marco Rubio took aim at then-candidate Donald Trump:

Continue reading